HomeMy WebLinkAbout04151987CODE ENFORCEMENT BOARD - APRIL 15, 1987 - 2:00 P.M.
MEETING WAS CALLED TO ORDER BY CHAIRMAN BLOME AT 2:10 P.M.
ROLL CALL: PRESENT:
MR. FISCHER
VICE CHAIRMAN O'CONNOR
MR. MCCOOL
ATTORNEY LULICH, BOARD ATTORNEY
CHAIRMAN BLOME
ABSENT: MR. GRAY - EXCUSED
ALSO PRESENT: ROGER CLOUTIER, BUILDING OFFICIAL/CODE ENFORCEMENT OFFICER,
RAY THOMPSON, CODE ENFORCEMENT, TOM PALMER, CITY ATTORNEY.
APPROVAL OF MINUTES - 3/18/87
ATTORNEY LULICH STATED THAT ON PAGE 1. UNDER OLD BUSINESS, CASE #86-89,
"ATTORNEY PALMER RECOMMENDS TO LET THE FINE RUN," THAT ATTORNEY PALMER WAS
NOT THERE SO COULD NOT HAVE SAID IT. PERHAPS IT WAS SAID BY MR. CLOUTIER.
THE BOARD SECRETARY SAID SHE SHOWED MR. PALMER'S NAME IN HER HAND WRITTEN
NOTES AS WELL.
MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL TO ACCEPT THE MINUTES
AS AMENDED.
CARRIED.
ATTORNEY'S MATTERS:
ATTORNEY LULICH, IN CONNECTION WITH THE VORATH CASE, REMINDED THE BOARD THAT
AT THEIR LAST SESSION, THE BOARD HAD ASKED HIM TO DO A CORRECTED ORDER.
USING THE NOTES OF THE LAST TWO MEETINGS, HE CORRECTED THE SUM TO $800.00
AND CORRECTED THE DATES ON THE ORIGINAL ORDER. THEFINDING OF FACTS REMAINS
THE SAME. HE CORRECTED THE ORDER AND CONCLUSION OF LAW TO REFLECT 25 DAYS
INSTEAD OF 21 DAYS TO REFLECT APRIL 8TH INSTEAD OF APRIL 1ST AND CORRECTED
T~E FINE FROM $950.00 TO $800.00.
MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL THAT IN THE MATTER
OF CASE #86-7, VORATH, A CORRECTED ORDER OF ENFORCEMENT BE ACCEPTED AND
RECORDED.
ROLL CALL: AYES:
MR. FISCHER
VICE CHAIRMAN O'CONNOR
MR. MCCOOL
CHAIRMAN BLOME
NAYS: NONE
CARRIED.
CHAIRMAN BLOME SIGNED THE ORDER OF ENFORCEMENT.
OLD BUISNESS:
CASE NO. 86-89 - KIGHT, JR.
M~. THOMPSON TOLD THE BOARD HE HAD DRIVEN BY MR. KIGHT'S PLACE AND NOTHING
HAD BEEN DONE SINCE THE LAST MEETING.
CODE ENFORCEMENT BOARD - APRIL 15t 1987
CASE NO. 86-89 - KIGHT, JR. (con't)
ATTORNEY PALMER S~ID THERE WAS NOTHING ELSE TO DO EXCEPT FILE A JUNCTION
WITH THE CIRCUIT COURT. HE RECOMMENDED THE FINE NOT BE DISCONTINUED.
ATTORNEY LULICH SAZD THAT AT REQUEST FROM THE BOARD HE RECORDED THE ORDER
IMPOSING A FINE. HE REQUESTED THE BOARD SECRETARY GIVE A COPY TO THE CITY
CLERK.
CASE NO. 86-198 - RINK
MR. THOMPSON TOLD THE BOARD THAT AS FAR AS HE WAS CONCERNED THE CASE WAS
CLEARED UP. PRIOR TO THE MEETING LAST MONTH, WHEN CHECKED, ALL THE
INFRACTIONS AROUND THE PROPERTY HAD BEEN TAKEN CARE OF. THE ONLY THING
LACKING WAS THE RENEWING OF THE CITY OCCUPATIONAL LICENSE. HIS LICENSE
HAS NOW BEEN RENEWED.
WHERE THE FINE WAS CONCERNED, ATTORNEY LULICH HAD PREPARED AN ORDER OF
ENFORCEMENT WITH DATES OF FEBRUARY 8 -- MARCH 11, WHEN MR. RINK SAID HE
HAD COMPLIED.
MOTION BY VICE CHArRMAN O'CONNOR, SECONDED BY MR. MCCOOL THAT IN.THE MATTER
OF CASE #86-198, RINK, THAT THE BOARD REQUEST ATTORNEY LULICH TO RECORD THE
ORDER OF ENFORCEMENT.
ROLL CALL: AYES:
MR. FISCHER
VICE CHAIRMAN O'CONNOR
MR. MCCOOL
CHAIRMAN BLOME
NAYS: NONE
CARRIED.
NEW BUSINESS:
CASE NO. 87-312 - LAVENDER
MR. THOMPSON TOLD THE BOARD THAT MR. LAVENDER WAS NO LONGER IN THE
LAWN MAINTENANCE BUSINESS AND THAT THE EQUIPMENT HAD BEEN SOLD WITH THE
BUSINESS.
MOTION BY MR. MCCOOL, SECONDED BY VICE CHAIRMAN O'CONNOR TO CLOSE CASE
NO. 87-312 - LAVENDER.
CARRIED.
CASE NO. 87-328- PFLANZER
ATTORNEY LULICH READ THE PORTION OF THE CODE THAT WAS IN VIOLATION. HE
ALSO SWORE IN MR. PFLANZER, MR. CLOUTIER AND MR. THOMPSON. MR. PFLANZER
DENIED THE VIOLATION.
ATTORNEY PALMER QUESTIONED MR. PFLAN.~ER AND MR. THOMPSON. HE THEN
SUMMARIZED THE CITYS' SIDE OF THE CASE. MR. PFLANZER ALSO GAVE A SUMMARY.
CODE ENFORCEMENT BOARD - APRIL 15, 1987
CASE NO. 87-328 - PFLANZER (con't)
(AT THIS POINT THE TAPE MALFUNCTIONED - NOTHING WAS AUDIBLE.)
MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL TO POSTPONE
CASE NO. 87-328 - PFLANZER, UNTIL THE MAY MEETING.
CARRIED.
CASE NO. 87-336 - FLANNERY, SR.
MR.'FLANNERYTOLDTHE BOARD THAT ARRANGEMENTS HAD BEEN MADE TO REMOVE THE
TRUCK AND THAT HE WAS GOING TO PUT UP A BARRIER FENCE.
MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL TO POSTPONE
CASE #87-336 - FLANNERY, SR. UNTIL THE MAY MEETING AND THAT MR. FLANNERY
WAS TO CONTACT MR. THOMPSON TO RECHECK THE VIOLATION.
CARRIED.
CASE NO. 87-205 - DUBUQUE
ATTORNEY RICHARD SALIBA REPRESENTED MR. DUBUQUE.
ATTORNEY LULICH READ THE ORDINANCE IN QUESTION FOR MATTER OF RECORD.
ATTORNEY SALIBA D~NIED SUB-SECTION D-6.
ATTORNEY LULICH SWORE IN MR. DUBUQUE.
ATTORNEY PALMER ASKED MR. THOMPSON WHAT THE VIOLATION OF CODE WAS.
MR. THOMPSON EXPLAINED THAT A CARPORT HAD BEEN ATTACHED TO THE HOUSE, THAT
IT OVER-EXTENDED 15' ALLOWED SET BACK AND THAT NO BUILIDNG PERMIT HAD
BEEN ISSUED.
ATTORNEY SALIBA CROSS-EXAMINED MR. THOMPSON.
ATTORNEY SALIBA REQUESTED THAT THIS CASE BE DEFERRED UNTIL THE MAY MEETING
SINCE THERE WERE CERTAIN THINGS THAT WERE NOT CLEAR, THAT HE WANTED TO LOOK
INTO.
MOTION BY VICE CHAIRMAN O'CONNOR, SECONDED BY MR. MCCOOL TO POSTPONE CASE
NO. 87-205 - DUBUQU~ UNTIL THE MAY MEETING.
CARRIED.
APPLICATIONS - NEW BOARD MEMBERS
MR. JOHN LINDSEY WAS THE ONLY APPLICANT PRESENT AT THE MEETING. AFTER A
BRIEF DISCUSSION, THE FOLLOWING MOTION WAS MADE:
MOTION BY MR. MCCOOL, SECONDED BY VICE CHAIRMAN O'CONNOR TO RECOMMEND TO
CITY COUNCIL THE APPOINTMENT OF JOHN LINDSEY AS A PERMANENT MEMBER TO THE
CODE ENFORCEMENT BOARD, GENERAL CONTRACTOR POSITION.
CARRIED.
CODE ENFORCEMENT BOARD - APRIL 15, 1987
GENERAL BOARD DISCUSSION:
MR. CLOUTiER EXPLAINED TO THE BOARD THAT UNDER THE PRESENT BUDGET, THERE
WASN'T ENOUGH MONEY TO PAY THE BOARD ATTORNEY FOR THE REST OF THE FISCAL
YEAR AND THAT WE NEEDED TO REQUEST CITY COUNCIL TO MAKE SOME LINE ITEM
CHANGES.
ATTORNEY PALMER SUGGESTED THAT WE ASK CAROL CARSWELL, FINANCE DIRECTOR
TO BE PRESENT AT THE MAY MEETING.
PUBLIC INPUT:
MR. ROYCE BRADEN, 333 BENEDICTINE AVE., READ A LETTER HE HAD SENT TO
MAYOR HARRIS AND CITY COUNCIL CONCERNING EAST COAST LAND CLEARING.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 4:10 P.M.
SEBASTIAN CODE ENFORCEMENT BOARD
REGULAR MEETING
APRIL 15, 1987 - 2:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - MEETING HELD MARCH 18, 1987
ATTORNEY'S MATTERS:
OLD BUSINESS:
CASE NO. 86-89 - KIGHT, JR.
CASE NO. 86-198 - RINK
NEW BUSINESS:
CASE NO. 87-312 - LAVENDER
CASE NO. 87-328 - PLANTER
CASE NO. 87-336 - FLANNERY, SR.
CASE NO. 87-205 - DUBUQUE
APPLICATIONS - NEW BOARD MEMBERS
BOARD ATTORNEY REQUESTS AND REPORTS
GENERAL BOARD DISCUSSION
PUBLIC INPUT
ADJOURN
NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE
ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND
FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.
L. Gene Harris
Mayor
City of Sebastian
POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127
TELEPHONE (305) 589-5330
Roger Cloutter
Buil0ing Official
PUBLIC NOTICE
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE SEBASTIAN CODE ENFORCEMENT BOARD OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON WEDNESDAY~
APRIL 15, 1987 AT 2:00 P.M. IN THE CITY COUNCIL CHAMBERS.
K. NAPPI, SECRETARY
CODE ENFORCEMENT BOARD